Terms & Conditions
TERMS & CONDITIONS OF SERVICE
1. Acceptance of Terms
By instructing Metric Building Compliance – Daniel Reilly Ltd (“the Company”), the Client agrees to the following Terms & Conditions.
All quotations issued by the Company are valid for thirty (30) days from the date of issue unless otherwise stated in writing.
2. Scope of Services
The Company provides asbestos surveying, fire risk assessments, fire door inspections, workplace health & safety inspections and associated compliance services.
All inspections and reports are undertaken based upon the agreed scope of works and information made available at the time of instruction and inspection.
Inspections are visual and non-destructive unless otherwise agreed in writing.
3. Quotations & Additional Charges
Quoted prices are based upon the information provided by the Client at the time of quotation.
The Company reserves the right to revise quotations where:
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additional works are required;
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unforeseen circumstances arise;
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access restrictions are encountered;
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or additional samples, inspections or attendances are necessary.
Additional asbestos samples will be charged at the agreed rate unless otherwise stated within the quotation.
4. Invoicing & Report Issuance
Invoices will normally be issued following completion of the site visit.
TERMS & CONDITIONS OF SERVICE
Final reports, certificates and deliverables will normally only be released upon receipt of full payment unless otherwise agreed in writing.
Failure to make payment within agreed terms may result in delays to report release or suspension of services.
5. Client Responsibilities
The Client shall:
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provide accurate and complete information relating to the premises;
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provide relevant plans, drawings and documentation where available;
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provide access to all required areas within the agreed scope;
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provide details of known hazards, asbestos information, COSHH information and relevant risk assessments;
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ensure a safe working environment for surveyors and inspectors.
The Client shall provide competent personnel where isolation of live services, plant or equipment is required.
6. Access Limitations
Where areas are inaccessible, restricted, unsafe or excluded from the agreed scope, such limitations will be recorded within the report.
Areas not accessed may be presumed to contain asbestos or other hazards until proven otherwise.
The Company accepts no responsibility for concealed defects, hidden materials or inaccessible areas which could not reasonably be inspected at the time of attendance.
7. Destructive Inspection Works
Certain survey types may require intrusive or destructive inspection techniques.
Unless otherwise agreed in writing:
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minor damage associated with access and inspection works may occur;
TERMS & CONDITIONS OF SERVICE
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access methods will be agreed on site where reasonably practicable;
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inspection works will be limited to what is considered necessary and safe to achieve the agreed scope.
The Company accepts no responsibility for reinstatement works unless specifically agreed in writing.
8. Reports & Professional Opinions
Reports issued by the Company represent professional opinions based upon conditions observed and information made available at the time of inspection only.
Reports do not constitute:
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guarantees of ongoing statutory compliance;
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product certification;
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warranties of condition;
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or confirmation that defects or hazardous materials are not present.
Conditions may change over time due to occupancy, deterioration, maintenance activities, alterations or other factors outside the Company’s control.
9. Third Party Reliance
Reports and services are provided solely for the benefit of the Client.
No responsibility or liability is accepted to any third party who may rely upon the contents of reports or associated documentation without the Company’s prior written agreement.
10. Limitation of Liability
To the fullest extent permitted by law:
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the Company shall not be liable for indirect or consequential losses, including loss of profit, reputation or business interruption;
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liability arising from services provided shall not exceed ten (10) times the fees paid for the relevant services;
TERMS & CONDITIONS OF SERVICE
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the Company shall not be liable for losses arising from incomplete, inaccurate or delayed information provided by the Client.
11. Fire Risk Assessments & Fire Door Inspections
Fire risk assessments and fire door inspections undertaken by the Company are non-destructive assessments unless otherwise agreed in writing.
Such inspections do not constitute:
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certification of building compliance;
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certification of fire door products;
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or guarantees that concealed defects or deficiencies are not present.
Compliance conclusions are based upon visible and accessible elements only at the time of inspection.
12. Asbestos Surveys & Inspections
Asbestos surveys and inspections are undertaken in accordance with:
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HSG264 – Asbestos: The Survey Guide;
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and the Control of Asbestos Regulations 2012.
Due to the nature of asbestos containing materials and concealed building elements, it is not always possible to identify all asbestos materials during a survey.
Areas not accessed or inspected may be presumed to contain asbestos until proven otherwise.
13. Contractor & Site Safety
The Company reserves the right to suspend or terminate works where:
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unsafe conditions exist;
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suitable access cannot be achieved;
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or health & safety requirements are not met.
TERMS & CONDITIONS OF SERVICE
Staff will not undertake works outside Company health & safety procedures or statutory requirements.
14. Cancellation & Rescheduling
A minimum of 48 hours’ notice is required for cancellation or rescheduling of appointments.
Late cancellations may incur charges of up to 50% of the quoted fee.
Missed appointments or aborted visits due to lack of access may be charged in full.
14A. Aborted Visits & Failed Access
Where a site visit cannot be completed, delayed or materially affected due to circumstances outside the Company’s control, including but not limited to:
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lack of access;
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tenant refusal;
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inaccessible areas;
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unsafe conditions;
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failure to isolate services;
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absence of permits, keys or site contacts;
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restricted working areas;
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or inaccurate or incomplete information provided by the Client,
the Company reserves the right to charge:
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the full inspection fee;
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additional attendance charges;
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mileage and parking costs;
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laboratory and sampling costs incurred;
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and any associated subcontractor costs where applicable.
Any return visits required following an aborted appointment or failed access attendance may be subject to additional charges and will be arranged subject to availability.
TERMS & CONDITIONS OF SERVICE
15. Confidentiality & Data Protection
All information obtained during the provision of services shall be treated as confidential and managed in accordance with UK GDPR and applicable data protection legislation.
Reports, photographs and associated documentation shall not be disclosed to third parties without consent unless required by law.
The Company reserves the right to securely retain records, photographs and reports for operational, legal and compliance purposes.
16. Intellectual Property
All reports, templates, photographs, drawings and associated documentation produced by the Company remain the intellectual property of the Company until payment has been received in full.
17. Force Majeure
The Company shall not be liable for delays or failure to perform services due to events beyond its reasonable control including, but not limited to:
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severe weather;
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natural disasters;
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strikes;
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pandemics;
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governmental restrictions;
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utility failures;
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or restricted site access.
18. Insurance
The Company maintains Professional Indemnity and Public Liability Insurance appropriate to the services provided.
Evidence of insurance may be provided upon request.
TERMS & CONDITIONS OF SERVICE
19. Dispute Resolution
Any dispute arising from services provided by the Company shall first be subject to discussion and reasonable attempts at resolution between the parties.
Where resolution cannot be achieved, disputes may be referred to mediation prior to formal legal proceedings.
20. Governing Law
These Terms & Conditions shall be governed by and interpreted in accordance with the laws of England and Wales.
21. Amendments
The Company reserves the right to amend these Terms & Conditions at any time. Updated versions will be made available upon request or issued with future quotations and instructions.